- 1 - HC-KAR NC: 2025:KHC:48907 CRL.P No. 12210 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12210 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI. ABHISHEK ALIAS KOLI ABHI SON OF SRINIVAS, AGED ABOUT 31 YEARS RESIDING AT GARADI BEEDI, PALAHALLI VILLAGE, SRIRANGAPATNA TALUK, MANDYA - 571421 …PETITIONER (BY SRI. TOMY SEBASTIAN, Sr. COUNSEL FOR SRI MELANIE SEBASTIAN.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SRIRANGAPATANA TOWN POLICE STATION BENGALURU REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE - 560001 …RESPONDENT (BY SMT.B PUSHPALATHA, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48907 CRL.P No. 12210 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.5031/2025, ON THE PENDING OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA) REGISTERED IN CR.NO.31/2024 OF SRIRANGAPATNA P.S. MANDYA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 148, 114, 109, 120(B), 212, 302, 201 R/W 149 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in SC No.5031/2025 (arising out of Crime No.31/2024 of Srirangapatna Police Station) pending on the file of the learned III Additional District and Sessions Judge, Mandya, (sitting at Srirangapatna) registered for the offences punishable under Sections 143, 148, 114, 109, 120B, 212, 302, 201 read with Section 149 IPC. 2. Heard learned Senior Counsel for petitioner and the learned Additional State Public Prosecutor for respondent/ State. - 3 - HC-KAR NC: 2025:KHC:48907 CRL.P No. 12210 of 2025 3. The learned Senior counsel for the petitioner would contend that, the assailants were strangers to CW2 to CW4, who are the eyewitnesses to the incident. The names of accused persons are stated in the voluntary statement of accused No.1. The accused persons were arrested only on the basis of voluntary statement of accused No.1, and not on the statements of eye witnesses. The identification of the accused persons was in police station after arrest of the accused persons. The accused Nos.1 and 3 to 8 have been granted bail. The present petitioner/accused No.2 is also similarly placed to that of other accused, who are granted bail. The petitioner is in judicial custody since 23.02.2024. The petitioner is not having any criminal antecedent. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, serious overt act of assault is alleged against this - 4 - HC-KAR NC: 2025:KHC:48907 CRL.P No. 12210 of 2025 petitioner/accused No.2, and he assaulted the deceased with long chopper on his hand and head. CW2 to CW4 are eyewitnesses to the incident, and they identified this petitioner in police station. There is a seizure of Innova car, three long choppers, and blood stained clothes. The said weapons and clothes were found to be blood stained in the FSL report. The cause of death of the deceased as per post mortem report is due to the injuries sustained. The offence alleged against this petitioner is heinous offence punishable either with death or imprisonment for life. With this, she prayed for rejection of the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that, the accused No.1 had grudge against the deceased as he had committed the murder of Vinod, brother of accused No.1. Accused No.1 had conspired to kill the deceased. In - 5 - HC-KAR NC: 2025:KHC:48907 CRL.P No. 12210 of 2025 furtherance of the said conspiracy, accused Nos.2, 3, 6, 7 and 8 went in a car driven by accused No.5 carrying weapons, and accused No.4 came in a scooter to the spot. When the deceased was sitting in a tea shop of accused No.3, accused No.8 dragged him outside the shop. At that time, petitioner/accused No.2 assaulted him with long chopper on his left hand and head. Accused No.3 assaulted him with long chopper on his right hand. Accused No.4 assaulted him with long chopper on his face and left hand. Accused No.6 assaulted him with long chopper on his head, and accused No.7 assaulted him with dagger on his back, and as a result, the deceased died on the spot. 7. The overt act of assault alleged is against the accused Nos.2, 3, 4, 6 and 7. Accused Nos.3 and 4 have been granted bail by the Sessions Court, and accused Nos.6 and 7 have been granted bail by this Court. The serious overt act of assault is alleged against accused Nos.6 and 7. The accused No.6 assaulted the deceased with long chopper on his head, and accused No.7 - 6 - HC-KAR NC: 2025:KHC:48907 CRL.P No. 12210 of 2025 assaulted with dagger on his back. This Court while granting the bail to the accused No.6 in Crl. P No.2646/2025 by order dated 27.03.2025 has observed thus: "7. The statement of alleged eye witnesses CWs 2, 3 and 4 was recorded on 12.02.2024 and 13.02.2024 respectively. A perusal of the said statement would go to show that all the persons who had arrived near the tea shop of CW3 were strangers to CWs 2, 3 and 4. After the accused persons were arrested, CWs 2 to 4 were summoned to the police Station and accused persons were shown to them and in the Police Station, the alleged eye witnesses have identified the accused persons. No separate Test Identification Parade has been held in the present case in the manner known to law to identify the accused persons who had committed the crime on 11.02.2024 near the Tea Shop of CW3 - Prakash. Investigation in the case is completed and charge sheet has been filed. Learned Senior counsel for the petitioner has produced certain material along with the a memo which would prima facie go to show that petitioner, aged about 22 years, is a student studying B. Com in Government First Grade College, Channapatna. It is not in dispute that he has no criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that his prayer for grant of regular bail requires to be answered affirmatively" 8. The petitioner/accused No.2 is also similarly placed to that of other accused who are granted bail. Therefore the petitioner is entitled for grant of bail with conditions. In the result, the following: - 7 - HC-KAR NC: 2025:KHC:48907 CRL.P No. 12210 of 2025 ORDER i) The petition is allowed. ii) The petitioner is granted bail in SC No.5031/2025 (arising out of Crime No.31/2024 of Srirangapatna Police Station) pending on the file of the learned III Additional District and Sessions Judge, Mandya, (sitting at Srirangapatna) registered for the offences punishable under Sections 143, 148, 114, 109, 120B, 212, 302, 201 read with Section 149 IPC subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of Trial Court. b) The petitioner shall not directly or indirectly threaten or tamper the prosecution witnesses. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. - 8 - HC-KAR NC: 2025:KHC:48907 CRL.P No. 12210 of 2025 d) The petitioner shall not involve in commission of any offence. If he is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. e) The petitioner shall appear before the Station House Officer of Srirangapatna Police Station on every alternate Sunday between 10.00 a.m. and 1.00 p.m. and mark his attendance until the case registered against him is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 5